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He is charged with child neglect but investigators reported charges could be upgraded to murder depending on autopsy results.

Brandon Ross told police that he left the 3-month-old boy on a swing at his home at the Ambassador Court Public Housing Complex on Southeast 15th Street.

Ross was left to care for three children. He told police he went to a neighbor's home, taking twin 3-year-old boys with him, but leaving the baby alone. He reported when he came back, the baby wasn't breathing.

“I could tell by the way he was holding that baby that something wasn't right,” said next-door-neighbor and eyewitness Tasheena Mounc.

“He's like ‘Ma'am, ma'am, have you saw anyone come into my apartment in the last hour, hour and a half,’” Mounc said.

Ross did not ask his neighbor for help to revive his three month old son King Barnes.

“For his emotions, it didn’t seem like a parent who lost their child," Mounc said.

Ross told police he was gone for about 20 minutes.

“When he returned, he indicated that the front door was standing open and that the home had been ransacked. The child was found unresponsive in the swing," Sgt. Gary Knight with the Oklahoma City Police Department said.

Ross is now charged for leaving the baby alone but not for his death.

“The medical examiner will determine if this is a homicide or some type of medical event happened to the child,” said Sgt. Knight.

Ross was convicted of child abuse in 2010 for shaking his 2-month-old daughter.

According to court records, the abuse caused bleeding in her brain and her retinas to detach. She survived the attack. He spent two and a half years behind bars.

“That's really shocking, very upsetting,” said Mounc.

Ross is on probation until 2029 for the attack on his daughter.

KOCO 5 checked with the state medical examiner Friday afternoon and they reported the autopsy for the infant had not been completed.